Problematic Aspects Research Articles

Domestic Violence: Modern Challenges and Areas of Counteraction In Ukraine

Objective: The purpose of the article is to determine the role and significance of the interaction between the police and society as the main factor in combating crime, taking into account Ukrainian and foreign legislation, different opinions of scholars and empirical data. Theoretical Framework: The theoretical basis for this study is the scientific studies dedicated to fundamental issues of human interaction in modern conditions, the essence and general social significance of the institution of the family, as well as have thoroughly studied the problems of domestic violence. Method: The methodological basis of the research is systemic, comparative and legal analysis, formal and legal method, interpretive method, as well as methods of analysis and synthesis. Results and Discussion: A number of problematic aspects of the essence of combating domestic violence has been analyzed, which made it possible to form an understanding of this phenomenon as an extremely complex and multifaceted category that depends on a number of factors both at the individual and public levels. Contributions: It has been concluded that it is important to distinguish the areas of combating domestic violence for a more complete understanding of this process, especially in terms of large-scale armed aggression and new digital challenges. In particular, it has been emphasized on such areas as the prevention of domestic violence by servicemen and veterans, as well as the active use of digital technologies in fighting against domestic violence.

Das also war des Pudels Kern oder: „Geflügelte Worte“ als Phrasemklasse? – Problemfelder und begriffliche Präzisierung

Abstract As a class belonging to phraseology, winged words are characterized above all by the fact they are also used in other contexts as quotations, especially from literary texts (e.g., Grau, teurer Freund, ist alle Theorie from Goethes Faust I), thus acquiring a life of their own. However, they can be referred to the original sources in the consciousness of the language user. Forms of expression from areas other than literary areas, such as movies and television, advertising, etc., are increasingly gaining a comparable status in public language use. The imprinting of these expressions often stems from the fact that winged words are not only or no longer used as quotations but also used as a means of commenting on facts, evaluating them, etc., and at the same time calling up knowledge scenarios that refer to the original context of use as backgrounds for understanding. Over time, new patterns of expression may be established by modifying parts of the original formulation so that – expressed in construction grammar – new situationally adaptable form-meaning pairs can emerge. Based on this “phraseologization mechanism”, problematic aspects of phraseology theory are identified and discussed using the example of Das also war des Pudels Kern. Finally, suggestions are made for the conceptual sharpening of the category “winged words”.

Waste management system: sanitary-epidemiological and environmental aspects

Introduction. Despite the positive trends in the field of industrial and consumer waste management, issues related to the legal regulation of activities to eliminate objects of accumulated damage to the environment and its relationship with activities to eliminate unauthorized landfills remain unresolved. A separate and important problematic aspect is the assignment of waste to a certain hazard class and their subsequent accounting and neutralization. The study aims to consider the established practice of using sanitary-epidemiological and environmental legislation in the management of industrial and consumer waste, including in assessing their toxicity. Materials and methods. The authors conducted the study using an information and analytical method for analyzing regulatory documentation and scientific publications from the databases Elibrary, Scopus, Web of Science, PubMed, Techexpert, Consultant, etc. They also compared the topical issues of assessing the toxicity of production and consumption waste and identified the specifics of the methodology for calculating the amount of damage as a result of unauthorized waste disposal. Results. It has been established that one of the optimal solutions in the issue of assessing the hazard class of waste may be to bring the criteria for their classification according to the degree of toxicity to uniformity, as well as the development of a single document carried out by institutions regardless of departmental subordination. Studies conducted to determine the amount of damage as a result of unauthorized disposal of production and consumption waste and to establish the hazard class of waste must comply with the requirements of uniformity of measurements and accreditation in the national system, respectively. To correctly calculate the amount of harm, you need to use the value of the mass of waste with the same hazard class. The availability of separate documents in sanitary-epidemiological and environmental legislation can significantly affect the calculation of the amount of harm due to various methods of determining the hazard class of waste, as well as the timeliness of identifying the long-term impact of waste on the environment and public health. Limitations. The study is limited to the analysis of law enforcement practice in the field of waste management, as well as the results of research in domestic and international literature. The analysis will allow researchers to consider non-obvious and controversial issues in the planning of activities. Conclusion. Updating documents on the establishment of the hazard class of waste should be carried out considering law enforcement practice. The absence of duality in compliance with the established requirements in both the field of environmental and sanitary-epidemiological legislation can be a guarantee of the reliability and truthfulness of research. This will allow you to make the right management decisions. Ethics. The study does not require the submission of the conclusion of the biomedical ethics committee.

«The man of the system»

The article reviews the monograph by I.E. Barykina ("A typical St. Petersburg official" Count Dmitry Andreevich Tolstoy (1823-1889): The experience of the biography of the minister. M.; St. Petersburg, 2022). Noting the merits of the book by I.E. Barykina, the author of the review dwells on the problematic aspects of D.A. Tolstoy's biography. In particular, his role as an official in charge of the Academy of Sciences and Russian universities is considered, as well as a rare combination of the roles of a dignitary and a scientist in the bureaucratic environment of the hero of the reviewed essay.

EMIGRATIONAL TRAUMA OF WAR IN VLADYSLAV IVCHENKO’S LITERARY VISION

The Russian war against Ukraine has been going on for 10 years and continues to influence the national culture in a very distinctive way. Over the past decade, this traumatic event has created a peculiar cultural discourse where literature has taken a special place. Its new stage, which began in February 2022, not only gave rise to an even more intense artistic reaction to the lived experience of Ukrainians, but also opened up prospects for new literary themes and methods of their interpretation. Trauma in its individual and national dimensions naturally became the central issue in such texts. Vladyslav Ivchenko’s book “After the 24th” clarifies and complements the discourse of the cultural reception of the war, describing its front and rear experiences in real time. The trauma of forced emigration, triggered by the full-scale Russian invasion on February 24, 2022, is a new problematic aspect that requires special attention. The author of the paper analyzes a new dimension of the emigrational trauma, related to the war experiences of Ukrainian refugees. Through the fates of three individual women, Vladyslav Ivchenko demonstrates the prospects of Ukrainian national trauma, which includes the loss of homes, loved ones, and, most importantly, the belief that the world and life could return to what they were before February 24, 2022. The trauma of forced emigration continuously offers new perspectives for understanding the behavior of a national culture during the war, particularly in the context of creating wartime literature, which is an effective component of the trauma recovery process. Literature plays an important role in this context, and Ivchenko’s book exemplifies this role most effectively.

Identification of Legal Psychology as an Independent Branch of Law

The science article conducts a theoretical and legal analysis of a new field of scientific knowledge – legal psychology from the standpoint of its perception as an independent branch of law. In the context of the above, the problematic aspects of legal psychology as a scientific, educational and applied branch of legal knowledge are studied on the basis of previously developed by legal psychologists levels of interaction and integration of law and psychology. The formation of legal psychology as a science and vectors of application of its achievements in judicial practice is analyzed. The author's approach in the formation of a new independent branch of law – legal psychology and determining its place in the classification of branches of law is proposed. The author emphasizes the need and urgent demand for the separation of legal psychology as a separate special branch of law that can regulate specific legal relations inherent in the fundamental (profiling) branches of law. The relevance of the article is due to the fact that in domestic legal science the division of the legal system in the field is assessed not in terms of its practical value, but rather in terms of confirming and defending certain scientific and theoretical ideas and concepts, contrary to the expediency of combining certain legal relations in the branch of law to achieve the desired social result through comprehensive study and regulation of specific relations. This, in turn, slows down the formation of new branches of law demanded by legal practice, among which legal psychology is singled out. It is emphasized that the question of the branch affiliation of legal psychology has not only theoretical but also practical significance, uniting individual legal relations in the field of law in order to achieve the desired social result through comprehensive study and regulation of these relations. Attention is drawn to the special classification of legal psychology as a special branch of law, as the latter combines the rules of law governing public relations and related to primary social relations aimed at concretization, strengthening certain rules of basic branches of law, while providing special legal regime for a particular type of social relations. By subordination in legal regulation, legal psychology belongs to the procedural types of branches of law, as it combines the rules of law that determine the procedure, the order for implementing substantive law (criminal procedure, civil procedure, commercial procedure, administrative procedure law). It is proposed to include legal psychology in an independent branch of law, given the presence of features that are inherent in the branches of law; the specificity of the regime of legal regulation; its direct connection with the needs of practice; recognition of its achievements in judicial practice; unification of certain legal relations in the subject of law; conditionality of functional purpose and the place of this industry in the legal system (its type in the classification of industries).

Accounting and reporting of investment real estate: new approaches and controversial aspects

The development of market relations in the healthcare system increases the interest of medical organizations in acquiring investment real estate. Not so long ago, significant changes occurred in Russian regulatory documents regarding the accounting of investment real estate. Such real estate began to be isolated from other assets of organizations. Russian accounting standards introduced new rules for the recognition, initial and subsequent assessment, accounting and reflection in the reporting of these objects. The article examines the features of the approaches of FSBU 6/2020 “Fixed Assets” to the accounting and reporting of investment real estate. These approaches are compared with the regulations on accounting and reporting of investment real estate in the international standard IFRS (IAS) 40 “Investment Property”. Both aspects of convergence of Russian and international rules for accounting for investment real estate and the differences between them are identified. Controversial and problematic aspects of the rules for accounting for investment real estate in Russian and international standards are substantiated. Ways to solve problematic and controversial issues of accounting for investment real estate are argued.

Анализ проблем современного человека в аспекте теоретического наследия Франкфуртской школы

The article is devoted to the analysis of problematic aspects of modern human existence within the discourse of the Frankfurt School, which views modern social reality as a totalitarian system, formed under conditions devoid of a proletariat. In this context, the revolutionary idea, in the hands of outsiders and the intelligentsia, transforms into a means of governance and power. The social reality is examined as functioning according to the rules of technocracy and the simulacrum of mass media. Under the influence of an enslaving “repressive civilization”, modern man becomes a mere functionary within it, while the popularization of the ideology of utility and profit inevitably leads to the potential manipulation of both individual and collective thinking. Representatives of the Frankfurt School propose as a means of solving this problem ‒ the restoration of true Reason, acting as an antipode to the global, uniform mind. The authors analyze key philosophical ideas concerning the spiritual and corporeal unity of human beings, as well as the discourse on anthropological and cultural-natural integrity. The human being is considered in the context of a need for an actual social reality functioning according to the principles of love and reason, creativity and artistry, self-identity, and self-sufficiency.

Problematic aspects of pork classification for customs purposes

The features of the modern classification and terminology for meat (pork), adopted in Russia in accordance with current interstate standards, as well as for customs purposes, are analyzed and considered.

The beginning of the Neolithic in the central Balkans

Since 2020 a wealth of new data has been generated on the beginning of the Neolithic in the central Balkans. The picture that has emerged is broadly consistent with the Wave of Advance model, with the first farmers arriving in the region around 6250 BC and expanding gradually towards the north. In this paper, an updated review of the evidence and interpretations is presented, and potentially problematic or ambiguous aspects of the current interpretations of the Neolithic expansion in the Balkans are identified. Alternative hypotheses and means of their testing are also discussed.

Problematic aspects of the use of artificial intelligence for accounting in agriculture

The possibilities and main directions of application of artificial intelligence for the organization of accounting are shown. The modern level of digitalization of agriculture is presented in the context of the applicability of artificial intelligence elements for accounting automation. The main problems hindering promising areas of digitalization of accounting work in agriculture are shown.

АУДИТ ВПРОВАДЖЕННЯ РИНКОВОЇ ІНФРАСТРУКТУРИ В УПРАВЛІННІ КЛАСТЕРАМИ

The article discusses the issue of the audit of the implementation of market infrastructure in the management of clusters, which is a key factor for increasing the efficiency and competitiveness of modern economic systems. Special attention is paid to the analysis of the role of market infrastructure in the development of cluster formations, which contributes to the synergistic effect, the unification of enterprises, scientific institutions and other business entities to achieve common economic goals. The purpose of the study is to carry out a comprehensive analysis of the implementation of market infrastructure in the management of clusters and determine its impact on the effectiveness of the functioning of cluster formations in Kyrgyzstan. The main attention is paid to the assessment of infrastructural components, such as logistics, financial services, information technology and institutional support, which ensure the competitiveness and sustainable development of clusters in the conditions of the modern economy. The object of the study is auditing methods and approaches used to assess the effectiveness and risks of innovative processes of introducing market infrastructure during cluster management. Research methods: logical and meaningful method, methods of comparison, systematization, induction and deduction, analysis and synthesis, coefficient method. The main hypothesis of the follow-up. Effective implementation of market infrastructure in the management of clusters has a positive effect on their competitiveness and ability to adapt to changes in the economic environment. The lack of proper infrastructure or its shortcomings can significantly limit the potential of clusters in achieving a synergistic effect and ensuring economic growth. Present of the main material. The authors highlight methodological approaches to the audit of market infrastructure, including the analysis of key indicators such as logistics and information networks, financial and credit institutions, as well as government support mechanisms. The importance of conducting an audit to identify problematic aspects that prevent the efficient functioning of clusters and to develop recommendations for their elimination is substantiated. Originality and practical significance. The study also presents the results of the analysis of the impact of the introduction of market infrastructure on the competitiveness of clusters and their ability to adapt to changes in the global economic environment. The issue of integration of cluster strategies with regional and national economic plans was separately considered. On the basis of empirical data, conclusions are drawn regarding the effectiveness of infrastructure changes and practical recommendations for improving cluster management are offered. Conclusions and prospects for further research. The results of the audit show that the market infrastructure is a key element that contributes to the development of clusters, ensuring effective interaction between the participants of the cluster association, improving their productivity and competitive advantages. Implementation of infrastructure components, such as modern information and communication technologies, financial institutions and logistics networks, is crucial for improving the efficiency of cluster management.

Problematic aspects of medical artificial intelligence. Part 2

The capabilities of artificial intelligence (AI) and machine learning are growing at an unprecedented pace. These technologies have many useful applications, from machine translation to medical image analysis. A large number of such applications are currently being developed, and an increasing number of such applications is expected in the long term. Unfortunately, weaknesses and other unpleasant aspects of AI have received insufficient attention. In this review, we consider a whole range of already known problems and possible risks associated with the use of innovative neural network technologies, paying special attention to the ways of preventing real dangers and potential threats in order to expand the range of stakeholders and profile experts involved in the discussion of current issues of medical AI cybersecurity, formation of responsible approach to the vulnerabilities of neural network platforms, increasing the reliability of equipment protection for its safe use, as well as the importance of legal and ethical aspects of regulating the use of AI. Despite certain challenges described in our review, it is clear that AI will be an important element of the healthcare future. As the population continues to age and the demand for healthcare services grows, neural networks are expected to drive healthcare very soon, especially in the areas of medical image analysis, virtual assistants, drug development, treatment recommendations and patients' data processing. We would like to emphasize that while we recognize the innovative role that digital technologies and AI can and should play in strengthening the domestic healthcare system, we should not overlook the importance of timely and accurate assessment of their beneficial or negative impact on the industry to ensure such management decisions do not unnecessarily divert our attention and resources from non-digital approaches and research. This article is a continuation of the article by Berdutin VA, Romanova TE, Romanov SV, Abaeva OP. Problematic aspects of medical artificial intelligence. Part 1. Sociology of Medicine. 2023;22(2):202–211. DOI: https://doi.org/10.17816/socm619132

Effects of Water Injection in Diesel Engine Emission Treatment System—A Review in the Light of EURO 7

Water in the engine/combustion chamber is not a novel phenomenon. Even humidity has a major effect on internal combustion engine emissions and can thus be considered the first invisibly present emission technology. With modern techniques, the problematic aspects of water, such as corrosion and lubrication issues, seem to disappear, and the benefits of water’s effect in combustion may also be enhanced in the context of EURO 7. The current study examines the literature on the effects of water on diesel combustion in chronological sequence, focusing on changes over the last three decades. Then it analyzes and re-evaluates the water effect in the current technology and the forthcoming Euro 7 regulatory context, comparing the conclusions with current automotive applications and mobility trends, in order to show the possible benefits and prospective research avenues in this sector. Techniques introducing water to combustion could be a major approach in terms of the EURO 7 retrofit mandate, as well as a feasible technique for concurrent nitrogen oxides and particulate reduction.

Problematic aspects of covering costs related to insolvency proceedings

The article is dedicated to examining the problematic aspects that arise in practice concerning the formation, execution, and reimbursement of costs associated with insolvency proceedings for small and medium­sized enterprises and developing proposals to address these issues. Special attention is given to the analysis of the current insolvency legislation in Ukraine, identifying its shortcomings in regulating the composition of expenses in bankruptcy cases, the mechanisms for covering these costs, and the determination oftheirfunding sources. The authors argue that the feasibility of applying bankruptcy procedures, an objective assessment of their effectiveness, and the independence of insolvency practitioners largely depend on the provision of adequate financing for the costs associated with insolvency proceedings. The article highlights the specifics of applying bankruptcy procedures in situations where the debtor lacks sufficient assets to cover the expenses associated with the proceedings. The author proposes the introduction of a new simplified liquidation procedure that provides for minimal implementation timelines and reduced costs. Such a procedure has the potential to significantly alleviate the financial burden on debtors and simplify the process for insolvency practitioners. The relevance and necessity of urgently improving the regulatory framework governing the costs associated with insolvency proceedings are substantiated, along with the comprehensive provision of debtors with effective legal instruments to resolve their obligations in a state of insolvency. Based on the conducted research, practical recommendations have been developed for amending the insolvency legislation. These proposalsinclude standardizing thelistof expenses, improving the mechanisms for advancing costs, introducing more efficient methods for covering expenses and ensuring the timely payment of costs associated with insolvency proceedings. Thus, the article aims to contribute to the further improvement of Ukraine’s insolvency legislation, enhancing its effectiveness and ensuring greater legal certainty for all participants in the bankruptcy process.

Principles of the administrative process: theoretical basics and law enforcement

The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions.

Procedural decision of the detective to start a pre-trial investigation: some problematic issues

The article is devoted to problems related to the legal regulation of the detective’s procedural decision to initiate a pre-trial investigation. It was noted that although the legislator did not define the adoption of a separate procedural decision of the detective to start a pre-trial investigation, such a decision is embodied (enveloped) not in a procedural document, but in a procedural action - entering information about a criminal offense into the Unified Register of Pre-Trial Investigations. The problem of improper legislative regulation of the interaction between the detective and the head of the detectives department regarding the adoption of the specified procedural decision is outlined. The departmental acts of the ESBU and the NABU in relation to the norms of the Criminal Procedure Code of Ukraine were studied, on the basis of which it was concluded that the adoption of a procedural decision by the detective to start a pre-trial investigation is preceded by an order from the head of the detectives department to consider a statement, notification of the commission of a criminal offense in accordance with Article 214 of the Criminal Procedure Code of Ukraine (although such an order is not expressly provided for in the Criminal Procedure Code of Ukraine). Particular attention was paid to the legislator’s uncertainty of such interaction in case defective learns on his own about circumstances which are likely to indicate that a criminal offence has been committed, in connection with which possible options for such procedural interaction were considered: a) independent entry of information by the detective into the Unified Register of Pre­Trial Investigations with immediate notification of the head of the prosecutor’s office; b) notification by the detective to the head of the detectives department about the independent detection of signs of a criminal offense without independently entering such information into the Unified Register of Pre-Trial Investigations. The opinion that the last option of interaction is correct is substantiated. The scientific discussion is continued regarding the issues related to the literal interpretation of the Criminal Procedure Code of Ukraine regarding the duty of the detective to enter information into the Unified Register of Pre-Trial Investigations on the basis of the submitted application, notification of the committed criminal offense regardless of their content. The current practice of investigative judges is analyzed, based on which the formed approaches to understanding the grounds for making a procedural decision to start a pre-trial investigation based on statements and reports of the commission of a criminal offense are highlighted. The solutions of the outlined problematic aspects by making changes to the Criminal Procedure Code of Ukraine are proposed.

Regarding the employment of persons with disabilities

The article examines the performance indicators of the program objectives of the Cabinet of Ministers of Ukraine regarding the realization of the right to work for persons with disabilities. Based on a comparison of employment rates for persons with disabilities in Ukraine and the European Union, a conclusion is drawn about the need to achieve the declared indicators and to adopt European practices for the inclusion of such individuals in labour relations. The article analyses the provisions of the Laws of Ukraine «On the Fundamentals of Social Protection of Persons with Disabilities» and «On Psychiatric Assistance» concerning the procedure for fulfilling employment quotas for persons with disabilities. Attention is drawn to their inconsistencies and the necessity of harmonizing their content. The article addresses problematic aspects of realizing the right to work for persons with disabilities who have been legally recognized as incapable. It presents statements from scholars and legislative provisions that define the legal labour capacity of persons with disabilities who have been declared legally incapable. It is argued that the legal basis for the inability of such individuals to exercise their constitutional right to work, due to incapacity, can be interpreted as discrimination against them from a certain perspective. It is emphasized that implementing employment support programs for persons with mental and intellectual disabilities is one way to reduce their discrimination and violations of their labour rights, counteract their stigma, and prevent social isolation. To enable persons with disabilities suffering from mental disorders, including those legally declared incapacitated, to exercise their right to work, it is proposed to introduce supported employment mechanisms. The article underscores the necessity of the principle of equal pay for equal work. It substantiates the possibility of engaging persons with disabilities who have been declared incapacitated in labour activities based on an employment integration agreement. Such a mechanism could effectively replace labour rehabilitation, which is one of the forms of individual rehabilitation. It is argued that such activities can only be carried out in the absence of medical contraindications to the person performing a certain type of work. The need to ensure these employees’ rights to remuneration, rest, and other benefits is emphasized. The article analyses the provisions of the draft law on social protection of persons with disabilities concerning the types of social enterprises. The article suggests the possibility of employing persons with disabilities who have been declared incapacitated at sheltered employment enterprises provided for by this draft law.

The concept and legal nature of the principle of cassation appeal in administrative proceedings of Ukraine

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens’ rights to defend their interests in court.

Specific features of defining inheritance as escheated within civil law doctrine and legal enforcement practice

The author has studied the problem of escheated inheritance. The problematic aspect of this legal phenomenon is also stipulated by the lack of its legislative definition, disputes in regard to the legal nature of relations of escheated inheritance. The relevance of this problem is evidenced by the fact that it is appropriate to assume an increase in objects of escheated property in terms of the martial law and post-war reconstruction due to inability of lawful heirs to accept inheritance (death as a result of hostilities, leaving the country for permanent residence in other states, etc.), destruction and damage of property. Therefore, the registration procedure and usage of escheated property at the level of territorial communities may be revised in terms of the martial law. It has been noted in the paper that escheated inheritance cannot be considered as hereditary and legal definition by its legal nature, because: it is based on the obligation, but not on the right to accept inheritance; its purpose is to satisfy the public interest in maintaining the stability of property relations in society; it is legal succession. The author has proved that the construction of interest in the system of legal relations of escheated inheritance is complex and combines public (social) and economic (property) interests. Public (social) interest consists in preserving the stability of property relations in society. Economic (property) interest has a public and private orientation, in particular, it satisfies the interests of the territorial community, both an acquirer of the ownership right and a creditor regarding the satisfaction of an ancestor’s obligations at the expense of escheated property. At the same time, a public entity assumes the burden of the ancestor’s obligations sometimes not in own interests, but in order to satisfy the stability of property relations in society. The procedure of recognizing inheritance as escheated has the following stages: detection of escheated property, in particular from reports of neighbors, from the authority in charge of the residential stock; examination of discovered property, whereat a formal note is taken; collection of information regarding the status of escheated property; in case of establishing the fact of damage (destruction), the commission puts forward a proposal to terminate the ownership right to such an object; preparation of a claim to the court on defining inheritance as escheated and transfer of property to communal ownership; hearing the case according to the rules of a separate proceeding; adoption of a court judgement on transfering escheated inheritance to communal ownership; the decision of the local self-government agency’s session on the acquisition of the right of communal ownership of escheated property; state registration of property for the relevant territorial community; maintenance and use of escheated property.